Judge grants immunity to Kari Lache Canard after she testifies she bit a woman while being choked

A Clayton County State Court judge granted immunity on June 15 to Kari Lache Canard after hearing her testify that she bit the alleged victim while the woman was choking her.

Canard testified she awoke during a celebration to find the other woman on top of her, choking her so she could not breathe. "I was awakened by Mari being on top of me, choking me," Canard told the court. She said she attempted to get away, called 911 and remained on the line until officers arrived; she said she bit the woman to make her stop.

Defense counsel, Mr. Bug, argued the testimony established justification by a preponderance of the evidence, stressing that the defense presented the defendant's account and that the state brought no witnesses to rebut it. The prosecutor did not call any witnesses during the hearing. The court reviewed the record and the witness testimony and found Canard's account credible.

Judge Tammy Long Hayward said she found Canard's description of being choked in her sleep and her steps to escape to be reasonable under the circumstances and that Canard had taken steps afterward — including leaving the shared residence and initiating the 911 call — that supported the claim of self-defense. The judge expressly granted the immunity motion, concluding Canard was immune from prosecution on the charged counts for the incident as presented to the court.

The court's ruling disposed of the pending charges in that matter for the period covered by the immunity motion; the judge noted the state retains whatever record evidence it obtained but that, on this record, immunity was warranted. Canard was excused at the close of the hearing.

The hearing record shows the defense called the defendant as its only witness and the state declined to present witnesses; the judge emphasized that one credible witness can satisfy the court on factual questions in a pretrial hearing when believed.